Sarala K.K vs Director Of General Education
2023 Latest Caselaw 3465 Ker

WP(C) NO. 11403 OF 2022            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
      FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                          WP(C) NO. 11403 OF 2022
PETITIONER/S:
          SARALA K.K.
          AGED 70 YEARS
          MALAYIL HOUSE, PERUMUGHAM, FEROKE, KOZHIKODE-673631.

               BY ADVS.
               AUGUSTINE JOSEPH
               TONY AUGUSTINE


RESPONDENT/S
     1    DIRECTOR OF GENERAL EDUCATION
          JAGATHY, THIRUVANANTHAPURAM-695014.

      2        DEPUTY DIRECTOR OF EDUCATION
               CIVIL STATION, KOZHIKODE-673020.

      3        ASSISTANT EDUCATIONAL OFFICER
               FEROKE, KOZHIKODE-673301.

      4        MANAGER
               MIAM LP SCHOOL, PERUMUGHAM, FEROKE, KOZHIKODE-
               673631.

      5        STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
               GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM (IS IMPLEADED AS THE
               ADDL. 5TH RESPONDENT IN THIS WRIT PETITION AS PER
               ORDER DATED 24.03.2023 IN IA NO.2/23)

               BY ADVS.
               ADVOCATE GENERAL OFFICE KERALA
               augustine joseph


OTHER PRESENT:
          SMT.NISHA BOSE, SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11403 OF 2022                      2




                        P.V.KUNHIKRISHNAN, J
                    ---------------------------------------
                      W.P.(C) No. 11403 of 2022
                     --------------------------------------
                Dated this the 24th day of March, 2023


                                           JUDGMENT

The above writ petition is filed with following prayers :

"(i) Call for the records leading to Ext.P4

(ii) issue a writ of certiorari to quash Ext.P4

(iii) issue a writ of mandamus or any other writ, order or direction to the 2nd respondent to approve the appointment of the petitioner as Headmistress during the period from 26.7.1983 to 2.4.1990 and pay all consequential benefits.

iv) issue such other writs, orders, directions including interim orders deem fit in the circumstances of the case.

v) allow this writ petition with costs." [SIC]

2. When this writ petition came up for consideration,

the learned counsel appearing for the petitioner submitted that

the petitioner will be satisfied if a direction is issued to

consider Ext.P5 by the additional 5th respondent.

3. Heard the learned Government Pleader also.

4. After hearing both sides, I think that prayer can be

allowed.

Therefore, this writ petition is disposed of with the

following directions :

1) The additional 5th respondent is directed to consider and

pass appropriate orders in Ext.P5 as expeditiously as

possible, at any rate, within four months from the date of

receipt of a certified copy of this judgment.

2) Before passing final orders, the additional 5 th respondent

will give an opportunity of hearing to the petitioner.

3) The petitioner will produce a certified copy of this

judgment along with the copy of this writ petition before

the addl. 5th respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 11403/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER DATED 10.012.2020 OF THE 3RD RESPONDENT.

Exhibit P2 THE TRUE COPY OF THE LETTER DATED 1.10.2020 FROM THE 2ND RESPONDENT.

Exhibit P3 THE TRUE COPY OF THE REPRESENTATION DATED 23.07.2021 PENDING BEFORE THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE ORDER DATED 4.1.2022 OF THE 1ST RESPONDENT.

Exhibit P5 EXHIBIT.P5: TRUE COPY OF THE REVISION PETITION DATED 10.2.2023 PENDING BEFORE THE GOVERNMENT.